How to understand the crime of possession in our criminal law

Crime refers to conduct that is seriously harmful to society, violates the criminal law, and should be punished by criminal punishment in accordance with law. Its characteristics are: (1) Crime is an act that seriously endangers society.

Serious social harmfulness is the most basic characteristic of crime. (2) The crime is an act that violates the criminal law. Criminal illegality is a legal sign of crime.

3) A crime is an act punishable by criminal punishment. The punitive nature of punishment is the inevitable result of serious harm and criminal violation.

Article 22 of the Criminal Law of the People's Republic of China: Where tools or conditions are prepared for the purpose of committing a crime, it is preparation for a crime. For preparatory offenders, punishment may be mitigated, commuted, or waived by comparison with those already committed. Article 23 of the Criminal Law of the People's Republic of China: An attempt to commit a crime is an attempt to commit a crime if the crime has already been committed, but the crime is not succeeded due to reasons other than the will of the criminal.

For attempted offenders, the punishment may be mitigated or commuted by comparison with the completed offenses. Article 24 of the Criminal Law of the People's Republic of China: In the course of committing a crime, the crime is suspended if the crime is voluntarily abandoned or the outcome of the crime is automatically and effectively prevented. Where the offense is suspended and no harm is caused, punishment shall be waived; where harm is caused, punishment shall be commuted.

Answer]: A Article 6, Paragraph 3 of the Criminal Law of the People's Republic of China stipulates that if one of the acts or results of committing the crime of absolute space occurs within the territory of the People's Republic of China, it is deemed to be the crime of concurrent blindness within the territory of the People's Republic of China. From this, it can be seen that the correct answer to this question is A.

Objectively illegal, subjectively responsible.

Objective elements of illegality: the subject of the act, the harmful act, the object of the act, the harmful result, and the causal relationship.

Objective obstruction causes: legitimate defense, emergency avoidance, victim commitment.

1. The constitutive elements of the crime, the subject of the crime, the subjective aspect of the crime, the objective aspect of the crime, and the object of the crime.

2. The subject of the crime refers to natural persons and units that have carried out acts that endanger society and shall bear criminal responsibility in accordance with law.

3. The subjective aspect of crime refers to the psychological attitude of the criminal subject towards his or her own conduct and the consequences of its harm to society.

4. The objective aspect of crime refers to the objective external factual characteristics provided for in the criminal law that explain the harm caused by the act to the social relations protected by the criminal law. It is an essential element to constitute a crime.

5. The object of crime refers to the social relations protected by the criminal law of our country and infringed upon by criminal acts.

1.The understanding of Article 13 of the Criminal Code is related to the theory of the establishment of the crime asserted.

2.I advocate the establishment of the theory of "prohibition, harmfulness, and responsibility". The prohibitive stage examines whether the conduct in the case is prohibited by criminal law; It is prohibitive if it meets the requirements of a specific crime, but it is not prohibited if it meets the requirements for the exclusion of prohibitive reasons such as legitimate defense.

If it is prohibited by the criminal law, the harmfulness stage further examines whether the act is seriously harmful; If the cause of exclusion of harm is met, it is exceptionally not harmful. If the act is seriously harmful, the responsibility stage will further examine whether the perpetrator bears criminal responsibility; If the cause of exclusion of liability is met, there is no liability exceptionally. If the act is prohibited by the criminal law and seriously harmful, and the perpetrator bears criminal responsibility, the perpetrator will establish a crime.

3.The acts described in the proviso are also prohibited by criminal law, but the harm does not reach a serious level to exclude the crime. For example, 15-year-old A forcibly took $20 from B's trouser pocket with the threat of beating and scolding.

There is no doubt that A's conduct meets the criminal composition of the crime of robbery and is prohibited by the criminal law; However, the harm of the act did not reach the level of seriousness, so it did not have the harmfulness of criminal law significance, so that the crime was excluded, and then it can be concluded that A did not establish the crime of robbery.

FYI!

Article 13 of the Criminal Law, however, stipulates that "if the circumstances are obviously minor, it shall not be considered a crime". It's not that it doesn't constitute a crime.